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Kevin W. Davidson

Kevin Davidson’s Answers

309 total

  • Advice. Disorderly conduct when I was defending myself...?

    I confronted a family that swung their door full force into mine, causing a huge dent and deep scratch in my car. Their kid fessed up so I asked for their insurance. At that point they became belligerent, saying she doesn't deserve this and she's...

    Kevin’s Answer

    Disorderly Conduct under Wisconsin Statutes is "conduct under circumstances in which the conduct tends to cause or provoke a disturbance." While you don't specifically ask a question, I'll provide some general information regarding the situation you find yourself in. The statute defining Disorderly Conduct is broad and vague, and basically allows for persons to be charged for being involved in altercations, whether they believe they are at fault for the altercation or not.. In short, when officers are called to respond to an incident, something likely occurred that meets the Disorderly Conduct - "conduct tending to cause a disturbance"there are two sides to every story, and often officers responding to fights and squabbles simply issue citations to all involved. In many instances this is appropriate, as two people engaged in a fight or argument such as to "cause a disturbance" are both acting in a manner that falls within the statute's definition, regardless of who started it. Self-defense is not a defense to disorderly conduct, although if you can demonstrate to the municipal attorney, DA, Judge or Jury that you were not disorderly, but rather only taking the minimum necessary actions to defend yourself, then, perhaps you can beat the charge.

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  • Can my parents keep my insurance payout

    My parents are going to take the insurance payout from my auto accident

    Kevin’s Answer

    Assuming you are a minor, the settlement proceeds would typically be required to be placed into a trust account. If the requirement is to place the money in a Uniform Transfer to Minor Account (UTMA), then the custodian of the account would be your guardian(s), likely your parents. They would have a fiduciary responsibility to you with regard to the funds, but they would have still have access to the money. If they mishandle the funds in the account, you may have viable claims against then for breach of their duty to safeguard your money until you become an adult.

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  • Is my sister and I still entitled to our Dads life insurance policy?

    In my parents divorce papers it states that my Dad must maintain a $ 25000 life insurance policy payable to his minor daughters upon his death. My dad passed away in 2014. My question is are we still entitled to it since we are adults now???...

    Kevin’s Answer

    There are a few different issues in your question, and it is impossible to give an affirmative answer without a thorough review of the documentation. Generally, it sounds like the insurance requirement would have been in place until you and your sister were adults. You specify that the "insurance decree does not give any limitation," but the language "payable to his minor daughters upon his death" indicates the intent was that the policy was required while you were minors.

    In any event, the divorce decree creates an obligation, but not a guarantee. Whether or not your father complied with the decree is another matter entirely, and enforcement of the provisions of the court order would need to be taken up with the court. With dad now deceased, this is not a very attractive option.

    With regard to the will, if your deceased father's estate is in probate, that should be public record and available from the Court. You should explore visiting with an estate and probate attorney who practices in the state where your father resided to find out what options you may have with regard to the estate.

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  • Chances of felony being dropped to a misdemeanor?

    I have a clean record. I am 23 years old and being charged in California for piracy. Its penal code 350(A)(2). I was selling burned Xbox 360 games on a DVD on craigslist and was set up. When I got caught I was selling 20 games for $70 so pretty mu...

    Kevin’s Answer

    You need to hire an experienced defense attorney IMMEDIATELY.
    You need to rely on professional experience, not "chance" in circumstances like these.
    Your chances of facing additional charges from "Tons of stuff downloaded" may be very high, as well.

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  • Can my landlord charge for carpet replacement? There was no attempt at cleaning.

    Moved out of an apt in WI after 4 years of tenancy. A month later I received a notice that I owe over $1,000 for additional cleaning as well as carpet replacement in the whole unit (this is after deducting my $500 security deposit). While I admi...

    Kevin’s Answer

    Attorney Knupp provided good coverage in answering your question. What constitutes reasonabe wear and tear is often the stuff of dispute when these types of cases are litigated.

    I would add that the requirement of an accounting of any deductions from your security deposit is not merely a requirement because it was recited in the lease agreement - it is a requirement under the Wisconsin Statutes and Administrative Code provisions governing landlord/tenant relations.

    The landlord's failure to comply with this requirement can have strong implications in your favor, including forfeiture of the security deposit and penalties.

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  • Do i need lawyer for my petty theft? what do i need to do to make it no cost and or lower the cost? i need some help please?

    alright so today i was at walmart and i did not mean to steal anything i did and got caught and i am sentence a court date and 303 dollar ticket from the cop and 170 ticket from walmart. im 16 and i never have doneanyting. im an b honors student c...

    Kevin’s Answer

    It is unclear what you mean by "I did not mean to steal anything I did and got caught," but if you have any potential defenses to the charges, that is where a lawyer can help.

    If you qualify, you may be able to obtain low cost or no cost representation in Wisconsin through the Wisconsin Bar's Modest Meas Referral Service, or through Legal Action of Wisconsin. Links below.

    WI Bar:
    Legal Action of Wisconsin:

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  • We are selling a house that me and my sibling inherited

    We closed my parents trust account the house was put in all siblings names we decided to sell house put on market one of siblings died now we have a buyer and the sibling that died did not have a the title of the house is pending because ...

    Kevin’s Answer

    The deceased sibling's name will have to be cleared from the title, likely through the probate court.

    A few questions: How many siblings? What is the exepected sale price of the house? What was don to settle the deceased siblings estate when she died?

    If the deacesed siblings entire estate (including the interest in the real property) was valued at less than $50K, then the name may be cleared with a transfer by affidavit.

    Either way, these are not items well suited to do-it-yourself instructions, as there are too many variables and technical requirements to ensue it is done properly.

    Consult with an experienced probate attorney in your area for help in completing the sale with a clear title.

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  • LLC

    How do i record a quit claim deed to my company so that my company can become the owner of my residence and rental home? is a quit claim the best strategy? if i only have the certificate of title, can i still do a quit claim for certificate of...

    Kevin’s Answer

    You will want to file the Quit Claim Deed with the register of deeds office in the county where the real properlty is located. You will want to check to ensure you are properly preparing the Quit Claim Deed and ensure all of the information is EXACTLY accurate.

    While a quit claim deed will transfer your interests in the property, many prefer a warranty deed, where the grantor(s) warrant that the grantee is recieivng good and clear title.

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